BID OF

2017

PROPOSAL, CONTRACT, BOND AND SPECIFICATIONS

FOR

WHITNEY WAY WATER PIPELINE

CONTRACT NO. 7457

PROJECT NO. 53W1910

MUNIS NO. 10452

IN

MADISON, DANE COUNTY, WISCONSIN

AWARDED BY THE COMMON COUNCIL MADISON, WISCONSIN ON

CITY ENGINEERING DIVISION 1600 EMIL STREET

MADISON, WISCONSIN 53713

https://bidexpress.com/login

Rev. 12/22/2016-53W1910_Specs.doc A-1

SECTION A: ADVERTISEMENT FOR BIDS AND INSTRUCTIONS TO BIDDERS

REQUEST FOR BID FOR PUBLIC WORKS CONSTRUCTION CITY OF MADISON, WISCONSIN

A BEST VALUE CONTRACTING MUNICIPALITY

PROJECT NAME: WHITNEY WAY WATER PIPELINE CONTRACT NO.: 7457 SBE GOAL 5% BID BOND 5% PRE BID MEETING (1:00 P.M.) 1/20/2017 PREQUALIFICATION APPLICATION DUE (1:00 P.M) 1/20/2017 BID SUBMISSION (1:00 P.M.) 1/27/2017 BID OPEN (1:30 P.M.) 1/27/2017 PUBLISHED IN WSJ 1/6/2017, 1/13/2017 & 1/20/2017 PRE BID MEETING: Representatives of the Affirmative Action Department will be present to discuss the Small Business Enterprise requirements at 1600 Emil Street, Madison Wisconsin. PREQUALIFICATION APPLICATION: Forms are available on our website, www.cityofmadison.com/business/pw/forms.cfm. If not currently prequalified in the categories listed in Section A, an amendment to your Prequalification will need to be submitted prior to the same due date. Postmark is not applicable. BIDS TO BE SUBMITTED by hand to 1600 EMIL ST., MADISON, WI 53713 or online at www.bidexpress.com. THE BID OPENING is at 1600 EMIL ST., MADISON, WI 53713.

The City of Madison’s Standard Specifications for Public Works Construction - 2016 Edition, as supplemented and amended from time to time, forms a part of these contract documents as if attached hereto.

STANDARD SPECIFICATIONS

These standard specifications are available on the City of Madison Public Works website, www.cityofmadison.com/Business/PW/specs.cfm. The Contractor shall review these Specifications prior to preparation of proposals for the work to be done under this contract, with specific attention to Article 102, “BIDDING REQUIREMENTS AND CONDITIONS” and Article 103, “AWARD AND EXECUTION OF THE CONTRACT.” For the convenience of the bidder, below are highlights of three subsections of the specifications.

In accordance with Wisconsin State Statutes 66.0901 (2) and (3), all bidders must submit to the Board of Public Works proof of responsibility on forms furnished by the City. The City requires that all bidders be qualified on a biennial basis.

SECTION 102.1: PRE-QUALIFICATION OF BIDDERS

Bidders must present satisfactory evidence that they have been regularly engaged in the type of work specified herein and they are fully prepared with necessary capital, materials, machinery and supervisory personnel to conduct the work to be contracted for to the satisfaction of the City. All bidders must be pre-qualified by the Board of Public Works for the type of construction on which they are bidding prior to the opening of the bid.

Rev. 12/22/2016-53W1910_Specs.doc A-2

In accordance with Section 39.02(9)(a)l. of the General Ordinances, all bidders shall submit in writing to the Affirmative Action Division Manager of the City of Madison, a Certificate of Compliance or an Affirmative Action Plan at the same time or prior to the submission of the proof of responsibility forms. The bidder shall be disqualified if the bidder fails to or refuses to, prior to opening of the bid, submit a Certificate of compliance, Affirmative Action Plan or Affirmative Action Data Update, as applicable, as defined by Section 39.02 of the General Ordinances (entitled Affirmative Action) and as required by Section 102.11 of the Standard Specifications.

No bid will be accepted that does not contain an adequate or reasonable price for each and every item named in the Schedule of Unit Prices.

SECTION 102.4 PROPOSAL

A lump sum bid for the work in accordance with the plans and specifications is required. The lump sum bid must be the same as the total amounts bid for the various items and it shall be inserted in the space provided. All papers bound with or attached to the proposal form are considered a part thereof and must not be detached or altered when the proposal is submitted. The plans, specifications and other documents designated in the proposal form will be considered a part of the proposal whether attached or not. A proposal submitted by an individual shall be signed by the bidder or by a duly authorized agent. A proposal submitted by a partnership shall be signed by a member/partner or by a duly authorized agent thereof. A proposal submitted by a corporation shall be signed by an authorized officer or duly authorized registered agent of such corporation, and the proposal shall show the name of the State under the laws of which such corporation was chartered. The required signatures shall in all cases appear in the space provided thereof on the proposal. Each proposal shall be placed, together with the proposal guaranty, in a sealed envelope, so marked as to indicate name of project, the contract number or option to which it applies, and the name and address of the Contractor or submitted electronically through Bid Express (www.bidexpress.com). Proposals will be accepted at the location, the time and the date designated in the advertisement. Proposals received after the time and date designated will be returned to the bidder unopened.

All bids, sealed or electronic, must be accompanied with a Bid Bond equal to at least 5% of the bid or a Certificate of Annual/Biennial Bid Bond or certified check, payable to the City Treasurer. Bid deposit of the successful bidders shall be returned within forty-eight (48) hours following execution of the contract and bond as required.

SECTION 102.5: BID DEPOSIT (PROPOSAL GUARANTY)

Bidder is responsible for submitting all forms necessary for the City to determine compliance with State and City bidding requirements. Nothwithstanding any language to the contrary contained herein, the City may exercise its discretion to allow bidders to correct or supplement submissions after bid opening, if the minor discrepancy, bid irregularity or omission is insignificant and not one related to price, quality, quantity, time of completion or performance of the contract.

MINOR DISCREPENCIES

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Bidders for this Contract(s) must be Pre-Qualified for at least one of the following type(s) of construction denoted by an

Building Demolition

101 Asbestos Removal 110 Building Demolition 120 House Mover

Street, Utility and Site Construction 201 Asphalt Paving 270 Retaining Walls, Reinforced Concrete 205 Blasting 275 Sanitary, Storm Sewer and Water Main

Construction 210 Boring/Pipe Jacking 215 Concrete Paving 276 Sawcutting 220 Con. Sidewalk/Curb & Gutter/Misc. Flat Work 280 Sewer Lateral Drain Cleaning/Internal TV Insp. 221 Concrete Bases and Other Concrete Work 285 Sewer Lining 222 Concrete Removal 290 Sewer Pipe Bursting 225 Dredging 295 Soil Borings 230 Fencing 300 Soil Nailing 235 Fiber Optic Cable/Conduit Installation 305 Storm & Sanitary Sewer Laterals & Water Svc. 240 Grading and Earthwork 310 Street Construction 241 Horizontal Saw Cutting of Sidewalk 315 Street Lighting 242 Infrared Seamless Patching 318 Tennis Court Resurfacing 245 Landscaping, Maintenance 320 Traffic Signals 250 Landscaping, Site and Street 325 Traffic Signing & Marking 251 Parking Ramp Maintenance 332 Tree pruning/removal 252 Pavement Marking 333 Tree, pesticide treatment of 255 Pavement Sealcoating and Crack Sealing 335 Trucking 260 Petroleum Above/Below Ground Storage

Tank Removal/Installation 340 Utility Transmission Lines including Natural Gas,

Electrical & Communications 262 Playground Installer 399 Other265

Retaining Walls, Precast Modular Units

Bridge Construction

501 Bridge Construction and/or Repair

Building Construction 401 Floor Covering (including carpet, ceramic tile installation,

rubber, VCT 437 Metals

440 Painting and Wallcovering 402 Building Automation Systems 445 Plumbing 403 Concrete 450 Pump Repair 404 Doors and Windows 455 Pump Systems 405 Electrical - Power, Lighting & Communications 460 Roofing and Moisture Protection 410 Elevator - Lifts 464 Tower Crane Operator 412 Fire Suppression 461 Solar Photovoltaic/Hot Water Systems 413 Furnishings - Furniture and Window Treatments 465 Soil/Groundwater Remediation 415 General Building Construction, Equal or Less than $250,000 466 Warning Sirens 420 General Building Construction, $250,000 to $1,500,000 470 Water Supply Elevated Tanks 425 General Building Construction, Over $1,500,000 475 Water Supply Wells 428 Glass and/or Glazing 480 Wood, Plastics & Composites - Structural &

Architectural 429 Hazardous Material Removal 430 Heating, Ventilating and Air Conditioning (HVAC) 499 Other433

Insulation - Thermal

435

Masonry/Tuck pointing

1 State of Wisconsin Certifications

Class 5 Blaster - Blasting Operations and Activities 2500 feet and closer to inhabited buildings for quarries, open pits and road cuts.

2 Class 6 Blaster - Blasting Operations and Activities 2500 feet and closer to inhabited buildings for trenches, site excavations, basements, underwater demolition, underground excavations, or structures 15 feet or less in height.

3 Class 7 Blaster - Blasting Operations and Activities for structures greater than 15 ' in height, bridges, towers, and any of the objects or purposes listed as “Class 5 Blaster or Class 6 Blaster”.

4 Petroleum Above/Below Ground Storage Tank Removal and Installation (Attach copies of State Certifications.) 5 Hazardous Material Removal (Contractor to be certified for asbestos and lead abatement per the Wisconsin Department

of Health Services, Asbestos and Lead Section (A&LS).) See the following link for application: www.dhs.wisconsin.gov/Asbestos/Cert. State of Wisconsin Performance of Asbestos Abatement Certificate must be attached.

6 Certification number as a Certified Arborist or Certified Tree Worker as administered by the International Society of Arboriculture

7 Pesticide application (Certification for Commercial Applicator For Hire with the certification in the category of turf and landscape (3.0) and possess a current license issued by the DATCP)

8 State of Wisconsin Master Plumbers License.

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SECTION B: PROPOSAL

Please refer to the Bid Express Website

at https://bidexpress.com look up contract number

and go to Section B: Proposal Page

You can access all City of Madison bid solicitations for FREE at www.bidexpress.com Click on the “Register for Free” button and follow the instructions to register your company and yourself. You will be asked for a payment subscription preference, since you may wish to bid online someday. Simply choose the method to pay on a ‘per bid’ basis. This requires no payment until / unless you actually bid online. You can also choose the monthly subscription plan at this time. You will, however, be asked to provide payment information. Remember, you can change your preference at anytime. You will then be able to complete your free registration and have full access to the site. Your free access does not require completion of the ‘Digital ID’ process, so you will have instant access for viewing and downloading. To be prepared in case you ever do wish to bid online, you may wish to establish your digital ID also, since you cannot bid without a Digital ID. If you have any problems with the free registration process, you can call the bidexpress help team, toll free at 1-888-352-2439 (option 1, option1).

Rev. 12/22/2016-53W1910_Specs.doc C-1

SECTION C: SMALL BUSINESS ENTERPRISE

Instructions to Bidders City of Madison

SBE Program Information 2 Small Business Enterprise (SBE) Program Information 2.1 Policy and Goal

The City of Madison reaffirms its policy of nondiscrimination in the conduct of City business by maintaining a procurement process which remains open to all who have the potential and ability to sell goods and services to the City. It is the policy of the City of Madison to allow Small Business Enterprises (SBE) maximum feasible opportunity to participate in City of Madison contracting. The bidder acknowledges that its bid has been submitted in accordance with the SBE program and is for the public’s protection and welfare. Please refer to the “ADVERTISEMENT FOR BIDS” for the goal for the utilization of SBEs on this project. SBEs may participate as subcontractors, vendors and/or suppliers, which provide a commercially useful function. The dollar value for SBE suppliers or ‘materials only’ vendors shall be discounted to 60% for purposes of meeting SBE goals. A bidder which achieves or exceeds the SBE goal will be in compliance with the SBE requirements of this project. In the event that the bidder is unable to achieve the SBE goal, the bidder must demonstrate that a good faith effort to do so was made. Failure to either achieve the goal or demonstrate a good faith effort to do so will be grounds for the bidder being deemed a non-responsible contractor ineligible for award of this contract. A bidder may count towards its attainment of the SBE goal only those expenditures to SBEs that perform a commercially useful function. For purposes of evaluating a bidder's responsiveness to the attainment of the SBE goal, the contract participation by an SBE is based on the percentage of the total base bid proposed by the Contractor. The total base bid price is inclusive of all addenda. Work performed by an SBE firm in a particular transaction can be counted toward the goal only if it involves a commercially useful function. That is, in light of industry practices and other relevant considerations, does the SBE firm have a necessary and useful role in the transaction, of a kind for which there is a market outside the context of the SBE Program, or is the firm's role a superfluous step added in an attempt to obtain credit towards goals? If, in the judgment of the Affirmative Action Division, the SBE firm will not perform a commercially useful function in the transaction, no credit towards goals will be awarded. The question of whether a firm is performing a commercially useful function is completely separate from the question of whether the firm is an eligible SBE. A firm is eligible if it meets the definitional criteria and ownership and control requirements, as set forth in the City of Madison's SBE Program. If the City of Madison determines that the SBE firm is performing a commercially useful function, then the City of Madison must then decide what that function is. If the commercially useful function is that of an SBE vendor / supplier that regularly transacts business with the respective product, then the City of Madison will count 60% of the value of the product supplied toward SBE goals.

Rev. 12/22/2016-53W1910_Specs.doc C-2

To be counted, the SBE vendor / supplier must be engaged in selling the product in question to the public. This is important in distinguishing an SBE vendor / supplier, which has a regular trade with a variety of customers, from a firm which performs supplier-like functions on an ad hoc

basis or for only one or two contractors with whom it has a special relationship.

A supplier of bulk goods may qualify as an eligible SBE vendor / supplier if it either maintains an inventory or owns or operates distribution equipment. With respect to the distribution equipment; e.g., a fleet of trucks, the term "operates" is intended to cover a situation in which the supplier leases the equipment on a regular basis for its entire business. It is not intended to cover a situation in which the firm simply provides drivers for trucks owned or leased by another party; e.g., a prime contractor, or leases such a party's trucks on an ad hoc

basis for a specific job.

If the commercially useful function being performed is not that of a qualified SBE vendor / supplier, but rather that of delivery of products, obtaining bonding or insurance, procurement of personnel, acting as a broker or manufacturer's representative in the procurement of supplies, facilities, or materials, etc., only the fees or commissions will apply towards the goal. For example, a business that simply transfers title of a product from manufacturer to ultimate purchaser; e. g., a sales representative who re-invoices a steel product from the steel company to the Contractor, or a firm that puts a product into a container for delivery would not be considered a qualified SBE vendor / supplier. The Contractor would not receive credit based on a percentage of the cost of the product for working with such firms. Concerning the use of services that help the Contractor obtain needed supplies, personnel, materials or equipment to perform a contract: only the fee received by the service provider will be counted toward the goal. For example, use of a SBE sales representative or distributor for a steel company, if performing a commercially useful function at all, would entitle the Contractor receiving the steel to count only the fee paid to the representative or distributor toward the goal. This provision would also govern fees for professional and other services obtained expressly and solely to perform work relating to a specific contract. Concerning transportation or delivery services: if an SBE trucking company picks up a product from a manufacturer or a qualified vendor / supplier and delivers the product to the Contractor, the commercially useful function it is performing is not that of a supplier, but simply that of a transporter of goods. Unless the trucking company is itself the manufacturer or a qualified vendor / supplier in the product, credit cannot be given based on a percentage of the cost of the product. Rather, credit would be allowed for the cost of the transportation service. The City is aware that the rule's language does not explicitly mention every kind of business that may contribute work on this project. In administering these programs, the City would, on a case-by-case basis, determine the appropriate counting formula to apply in a particular situation.

2.2 Contract Compliance

Questions concerning the SBE Program shall be directed to the Contract Compliance Officer of the City of Madison Department of Civil Rights, Affirmative Action Division, 210 Martin Luther King, Jr. Blvd., Room 523, Madison, WI 53703; telephone (608) 266-4910.

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2.3 Certification of SBE by City of Madison

The Affirmative Action Division maintains a directory of SBEs which are currently certified as such by the City of Madison. Contact the Contract Compliance Officer as indicated in Section 2.2 to receive a copy of the SBE Directory or you may access the SBE Directory online at www.cityofmadison.com/dcr/aaTBDir.cfm. All contractors, subcontractors, vendors and suppliers seeking SBE status must complete and submit the Targeted Business Certification Application to the City of Madison Affirmative Action Division by the time and date established for receipt of bids. A copy of the Targeted Business Certification Application is available by contacting the Contract Compliance Officer at the address and telephone indicated in Section 2.2 or you may access the Targeted Business Certification Application online at www.cityofmadison.com/dcr/aaTBDir.cfm Submittal of the Targeted Business Certification Application by the time specified does not guarantee that the applicant will be certified as a SBE eligible to be utilized towards meeting the SBE goal for this project.

.

2.4 Small Business Enterprise Compliance Report

2.4.1 Good Faith Efforts

Bidders shall take all necessary affirmative steps to assure that SBEs are utilized when possible and that the established SBE goal for this project is achieved. A contractor who self performs a portion of the work, and is pre-qualified to perform that category of work, may subcontract that portion of the work, but shall not be required to do so. When a bidder is unable to achieve the established SBE goal, the bidder must demonstrate that a good faith effort to do so was made. Such a good faith effort should include the following:

2.4.1.1 Attendance at the pre-bid meeting. 2.4.1.2 Using the City of Madison’s directory of certified SBEs to identify

SBEs from which to solicit bids. 2.4.1.3 Assuring that SBEs are solicited whenever they are potential

sources. 2.4.1.4 Referring prospective SBEs to the City of Madison Affirmative Action

Division for certification. 2.4.1.5 Dividing total project requirements into smaller tasks and/or

quantities, where economically feasible, to permit maximum feasible SBE participation.

2.4.1.6 Establishing delivery schedules, where requirements permit, which will encourage participation by SBEs.

2.4.1.7 Providing SBEs with specific information regarding the work to be performed.

2.4.1.8 Contacting SBEs in advance of the deadline to allow such businesses sufficient time to prepare a bid.

2.4.1.9 Utilizing the bid of a qualified and competent SBE when the bid of such a business is deemed reasonable (i.e. 5% above the lowest bidder), although not necessarily low.

2.4.1.10 Contacting SBEs which submit a bid, to inquire about the details of the bid and confirm that the scope of the work was interpreted as intended.

2.4.1.11 Completion of Cover Page (page C-6), Summary Sheet (page C-7) and SBE Contact Reports (pages C-8 and C9) if applicable.

Rev. 12/22/2016-53W1910_Specs.doc C-4

2.4.2 Reporting SBE Utilization and Good Faith Efforts

The Small Business Enterprise Compliance Report is to be submitted by the bidder

with the bid: This report is due by the specified bid closing time and date. Bids submitted without a completed SBE Compliance Report as outlined below may be deemed non-responsible and the bidder ineligible for award of this contract. Nothwithstanding any language to the contrary contained herein, the City may exercise its discretion to allow bidders to correct or supplement submissions after bid opening, if the minor discrepancy, bid irregularity or omission is insignificant and not one related to price, quality, quantity, time of completion, performance of the contract, or percentage of SBE utilization.

2.4.2.1 If the Bidder meets or exceeds

the goal established for SBE utilization, the Small Business Enterprise Compliance Report shall consist of the following:

2.4.2.1.1 Cover Page, Page C-6; and 2.4.2.1.2 Summary Sheet, C-7.

2.4.2.2 If the bidder does not meet

the goal established for SBE utilization, the Small Business Enterprise Compliance Report shall consist of the following:

2.4.2.2.1 Cover Page, Page C-6; 2.4.2.2.2 Summary Sheet, C-7; and 2.4.2.2.3 SBE Contact Report, C-8 and C-9. (A separate Contact

Report must be completed for each applicable SBE which is not

utilized.)

2.5 Appeal Procedure

A bidder which does not achieve the established goal and is found non-responsible for failure to demonstrate a good faith effort to achieve such goal and subsequently denied eligibility for award of contract may appeal that decision to the Small Business Enterprises Appeals Committee. All appeals shall be made in writing, and shall be delivered to and received by the City Engineer no later than 4:30 PM on the third business day following the bidder’s receipt of the written notification of ineligibility by the Affirmative Action Division Manager. Postmark not acceptable. The notice of appeal shall state the basis for the appeal of the decision of the Affirmative Action Division Manager. The Appeal shall take place in accordance with Madison General Ordinance 33.54.

2.6 SBE Requirements After Award of the Contract

The successful bidder shall identify SBE subcontractors, suppliers and vendors on the subcontractor list in accordance with the specifications. The Contractor shall submit a detailed explanation of any variances between the listing of SBE subcontractors, vendors and/or suppliers on the subcontractor list and the Contractor’s SBE Compliance Report for SBE participation. No change in SBE subcontractors, vendors and/or suppliers from those SBEs indicated in the SBE Compliance Report will be allowed without prior approval from the Engineer and the Affirmative Action Division. The contractor shall submit in writing to the City of Madison Affirmative Action Division a request to change any SBE citing specific reasons which necessitate such a change. The Affirmative Action Division will use a general test of reasonableness in approving or rejecting the contractor’s request for change. If the request is approved, the Contractor will make every effort to utilize another SBE if available.

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The City will monitor the project to ensure that the actual percentage commitment to SBE firms is carried out.

2.7 SBE Definition and Eligibility Guidelines

A Small Business Enterprise is a business concern awarded certification by the City of Madison. For the purposes of this program a Small Business Enterprise is defined as:

A. An independent business operated under a single management. The business

may not be a subsidiary of any other business and the stock or ownership may not be held by any individual or any business operating in the same or a similar field. In determining whether an entity qualifies as a SBE, the City shall consider all factors relevant to being an independent business including, but not limited to, the date the business was established, adequacy of its resources for the work in which it proposes to involve itself, the degree to which financial, equipment leasing and other relationships exist with other ineligible firms in the same or similar lines of work. SBE owner(s) shall enjoy the customary incidents of ownership and shall share in the risks and profits commensurate with their enjoyment interests, as demonstrated by an examination of the substance rather than form or arrangements that may be reflected in its ownership documents.

B. A business that has averaged no more than $4.0 million in annual gross receipts

over the prior three year period and the principal owner(s) do not have a personal net worth in excess of $1.32 million.

Firm and/or individuals that submit fraudulent documents/testimony may be barred from doing business with the City and/or forfeit existing contracts. SBE certification is valid for one (1) year unless revoked.

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WHITNEY WAY WATER PIPELINE CONTRACT NO. 7457

Small Business Enterprise Compliance Report

This information may be submitted electronically through

Bid Express or submitted with bid in sealed envelope.

Cover Sheet

Company:

Prime Bidder Information

Address: Telephone Number: Fax Number: Contact Person/Title:

I, , of

Prime Bidder Certification

Name Title certify that the information Company contained in this SBE Compliance Report is true and correct to the best of my knowledge and belief. Witness’ Signature Bidder’s Signature Date

Rev. 12/22/2016-53W1910_Specs.doc C-7

WHITNEY WAY WATER PIPELINE CONTRACT NO. 7457

Small Business Enterprise Compliance Report

Summary Sheet

Name(s) of SBEs Utilized

SBE Subcontractors Who Are NOT Suppliers

Type of Work % of Total Bid Amount

%

%

%

%

%

%

%

%

%

%

%

%

%

Subtotal SBE who are NOT suppliers: %

Name(s) of SBEs Utilized

SBE Subcontractors Who Are Suppliers

Type of Work % of Total Bid Amount

%

%

%

%

%

%

Subtotal Contractors who are suppliers: % x 0.6 = % (discounted to 60%) Total Percentage of SBE Utilization: %.

Rev. 12/22/2016-53W1910_Specs.doc C-8

WHITNEY WAY WATER PIPELINE CONTRACT NO. 7457

Small Business Enterprise Compliance Report

SBE Contact Report

Submit separate copy of this form for each

SBE which you are not able to utilize towards meeting the SBE goal for this project. Attach separate sheets if necessary.

Company:

SBE Information

Address: Telephone Number: Contact Person/Title: 1. Outline below all efforts to solicit a bid from the above SBE. Include date, means of contact, who

from your company made this contact and the result. 2. Describe the information provided to the aforementioned SBE regarding the scope of work for

which he/she was to provide a bid.

Is this the same scope of work on which the subcontractor you intend to utilize based his/her bid?

Yes No 3. Did this SBE submit a bid? Yes No 4. Is the General Contractor pre-qualified to self-perform this category of work?

Yes No

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5. If you responded “Yes” to Question 3, please check the items below which apply and provide the requested detail. If you responded “No” to Question 3, please skip ahead to item 6 below.

The SBE listed above is unavailable for work on this project for the following reasons.

Provide specific detail for this conclusion.

The SBE listed above is unqualified for work on this project. Provide specific details for this conclusion.

The SBE listed above provided a price that was unreasonable (i.e. more than 5% above

the lowest bidder). Provide specific detail for this conclusion including the SBE’s price and the price of the subcontractor you intend to utilize.

A contract with the SBE listed above may constitute a breach of the bidder’s collective

bargaining agreements. Provide specific detail for this conclusion including, but not limited to, correspondence from the SBE indicating it will not sign a project labor agreement and/or correspondence from the applicable trade union indicating a project labor agreement will not be allowed at the time of project bidding.

Other; please specify reason(s) other than listed above which made it impossible for you

to utilize this SBE on this project.

6. Describe any other good faith efforts:

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SECTION D: SPECIAL PROVISIONS

WHITNEY WAY WATER PIPELINE CONTRACT NO. 7457

It is the intent of these Special Provisions to set forth the final contractual intent as to the matter involved and shall prevail over the Standard Specifications and plans whenever in conflict therewith. In order that comparisons between the Special Provisions can be readily made, the numbering system for the Special Provisions is equivalent to that of the Specifications. Whenever in these Specifications the term “Standard Specifications” appears, it shall be taken to refer to the City of Madison Standard Specifications for Public Works Construction and Supplements thereto. SECTION 102.12: BEST VALUE CONTRACTING

This Contract shall be considered a Best Value Contract if the Contractor’s bid is equal to or greater than $59,000 for a single trade contract; or equal to or greater than $288,000 for a multi-trade contract pursuant to MGO 33.07(7).

SECTION 103.3

EXECUTION OF CONTRACT AND BID BOND

Execute the signing of this contract completely on or before MARCH 6, 2017

.

ARTICLE 104

SCOPE OF WORK

The primary focus of this project is installing two new parallel 16-inch water pipelines in Whitney Way, from the Schroeder Road intersection to the Odana Road intersection. The pipelines will be used to establish new pressure zone boundaries within the area, and also complement the future upgrades to Unit Well 12 (801 S. Whitney Way). The majority of the work will take place in the southbound lanes of Whitney Way, however crossing the northbound lanes will be required in one instance to reach the Unit Well 12 property. Traffic is to be maintained at all times during this project, and night work (7:00 PM to 7:00 AM) has been permitted in order to reduce both traffic impacts from lane closures and the amount of time to complete the project. Special weekend scheduling will be required at the intersections of Schroeder Road, Odana Road, and the westbound Beltline Highway on/off ramps. SECTION 105.12

COOPERATION BY THE CONTRACTOR

Maintain access for property owners, mail delivery and garbage/recycling pickup for all properties in the project area. Maintain through traffic for access to the driveway to 702 S. Whitney Way and the adjacent Medical Circle intersection, except when working directly in front of these areas. Access to Unit Well 12 (801 S. Whitney Way) shall be maintained at all times. Use care around existing trees, plantings, fences, walls, steps and driveways that are indicated on the plans to remain. Damage to these items during construction shall be repaired or replaced at no expense to the City. No trees shall be cut without the approval of the Engineer and the City Forester; the abutting property owners shall be notified in accordance with the City’s Administrative Procedure Memorandum No. 6-2.

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Provide clear access to open traffic lanes to the bus stop on S. Whitney Way (between Medical Circle and Odana Road) at all times. SECTION 106.4

STORAGE OF MATERIALS

Acceptable storage areas for equipment and materials include: • Closed traffic lanes • Median sections on Whitney Way. • Unit Well 12 property (coordinate with the Engineer) • The parcel to the south of the Westbound Beltline on-ramp (coordinate with WisDOT).

Storage areas must be restored to their original conditions at the expense of the Contractor. SECTION 107.6

DUST PROOFING

Take all necessary steps to control dust arising from operations connected with this contract. When ordered by the Engineer, dust proof the construction area by using power sweepers and water. Dust proofing shall be incidental with operations connected with this contract. SECTION 107.7

MAINTENANCE OF TRAFFIC

The Contractor shall set up traffic control according to the provided traffic control plan provided in the plan set. Allowable lane closure times are noted on the provided traffic control plan. An electronic, flashing arrowboard is required for each lane of traffic that is closed. One changeable message board shall be installed in the median, at the intersection of Medical Circle, facing southbound Whitney Way traffic for the 7 days prior to the start of construction, displaying:

WHITNEY

WAY

WORK

BEGINS

MONDAY

JULY XX

EXPECT

DELAYS

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The traffic control plan may need to be altered as conditions change in the field or as unexpected conditions occur. This may include relocating existing traffic control or providing additional traffic control. The Contractor shall install and maintain any necessary modifications or additions to the traffic control, as directed by the City Traffic Engineer, at no cost to the City. All signing and barricading shall conform to the Federal Highways Administrations “Manual on Uniform Traffic Control Devices” (MUTCD). Traffic control shall be measured as a lump sum. Payment for the traffic control is full compensation for constructing, assembling, hauling, erecting, re-erecting, maintaining, restoring, and removing non permanent traffic signs, drums, barricades, and similar control devices, including arrow boards, for providing, placing, and maintaining work zone. Maintaining shall include replacing damaged or stolen traffic control devices. Type A warning lights shall be installed on all barricades used in the project per State of Wisconsin S.D.D. 15C2-4B.

Maintain sidewalk at all times, except under direction of the Construction Engineer. Any closure of sidewalk shall be approved by the Construction Engineer and shall conform to City of Madison standard detail drawing 6.36.

Maintain pedestrian movements crossing Whitney Way at all intersections, except under direction of the Construction Engineer. Pedestrian crossings of intersections shall have ramps that meet requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and shall consist of rubber mats to provide a flat, clearly-defined crosswalk, clear of mud and debris. Gravel or base course material is not acceptable. Clearly delineate crossing areas for pedestrians by using barrels to protect either side of the crossing areas.

Construction equipment or materials shall not be stored in the roadway or street right-of-way that is open to traffic during non-working hours. Construction equipment and materials are not to be stored within the street right-of-way that is outside the project limits. The work areas shall be backfilled, plated, or protected by traffic control devices during non-working hours. If steel plates are used, the Contractor shall notify the City of Madison Streets Division, 266-4681, one working day prior to placement of the plates.

Contact Tom Mohr, Traffic Engineering Division, tmohr@cityofmadison.com, 608-267-8725, with any questions concerning these traffic control specifications. SECTION 107.8

NOTIFICATION WHEN CLOSING STREET

The Contractor shall not remove or cover any traffic signs. For removal, replacement, or covering of traffic and parking signs, contact the City of Madison Traffic Engineering Field Operations, 1120 Sayle Street, 266-4767, 8:00 a.m. to 4:00 p.m., a minimum of two working days in advance of when any existing signs need to be removed or covered. This service is free of charge. If the Contractor removes or covers the signs, the Contractor will be billed for the reinstallation or repair of, and any damage to, the signing equipment.

The Contractor shall notify the City of Madison Police Department, Fire Department, Madison Metro, and Traffic Engineering 48 hours in advance of all closure of streets. Notify Madison Metro one week prior to street closures, and reopening the road to through traffic for bus routing. Madison Metro contact is Katie Sellner (608) 261-9633.

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SECTION 107.10

OPENING OF SECTION OF HIGHWAY TO TRAFFIC

Upon completion of all concrete work, final surface course of pavement, landscaping, topsoil, seed or sod, the City Construction Engineer shall certify that it is complete and shall contact the City of Madison Traffic Operations Section, 266-4767. The Contractor shall leave all barricades and traffic control in place until such time that the final signing has been installed by the City. The City shall notify the Contractor when the final signing is complete and the Contractor shall remove all temporary construction signs and barricades within 24 hours of the notification. SECTION 108.2

PERMITS

Madison Water Utility will obtain a City of Madison Erosion Control Permit. Meet the conditions of the permit by properly installing and maintaining the erosion control measures shown on the plans, specified in these Special Provisions, or as directed by the Construction Engineer or designees. This work will be paid for under the appropriate contract bid items or, if appropriate items are not included in the contract, shall be paid for as Extra Work. A copy of the permit is available upon request at the City of Madison, Engineering Division office. Madison Water Utility will obtain a Wisconsin Department of Transportation permit for constructing, operating, and maintaining utility facilities on highway right-of-way. Identify and obtain any other permits needed for construction. SECTION 109.2

PROSECUTION OF WORK

The Contractor shall begin work on MARCH 31, 2017. The total time of completion of the contract shall be 45 (FORTY-FIVE)

calendar days.

Night work has been approved and recommended by the City of Madison for this contract. Refer to the attached “Legislation Details” document for details and a description of allowable work at night. To avoid excessive lane closures during peak hour traffic, traffic lanes paved with concrete will not be allowed to be closed at the same time as traffic lanes on Whitney Way between Medical Circle and Odana Road. Therefore:

• The concrete paving (and associated pipeline work) must be completed prior to beginning work on Whitney Way between Medical Circle and Odana Road, OR:

• Pipeline work on Whitney Way between Medical Circle and Odana Road must be completed, patched with asphalt, and reopened to traffic prior to beginning the concrete paving (and associated pipeline work).

• To ensure proper pipeline installation and testing, temporary hydrants will be permitted near the Medical Circle intersection (see sheet W-3).

SECTION 109.9

LIQUIDATED DAMAGES

All liquidated damages shall be calculated per the Standard Specifications, except for lane impacts to S Whitney Way and Odana Rd. The contractor will be assessed liquidated damages in the amount of $250 per lane for every 15 minutes of additional lane closure time beyond the times noted on the provided Traffic Control Plan. SECTION 210.1(d) STREET SWEEPING

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When required, either by the erosion control plan or the Engineer, perform mechanical street sweeping on all streets or paved surfaces affected by construction equipment, hauling or related construction activities that result in mud tracking or siltation. Mechanical street sweeping shall be completed as directed by the Engineer and shall remove all loose material to the satisfaction of the Engineer. Depending on site conditions, construction activities, and hauling methods utilized, mechanical street sweeping may be required multiple times throughout the day with an absolute minimum that all streets are clean at the end of the work day. Areas not accessible by mechanical street sweepers may require hand scraping with shovels. BID ITEM 70006

FURNISH AND INSTALL 16-INCH PIPE & FITTINGS

Install two 16-inch pipelines as shown on the plans. Pipelines shall be installed simultaneously in a single trench, with horizontal separation being four (4) feet to the centers of the pipes typically, but never less than three (3) feet. Pipelines shall be installed at identical depths except where noted on the plans. Ensure proper soil compaction, especially between the pipelines when placing the bedding, to a minimum of 95% maximum density. 10-inch and 12-inch pipe and fittings, as shown on the plans, shall be measured and paid as 16-inch pipe and fittings. Additional required fittings not shown on the plans shall be paid per their actual sizes, per standard specifications. BID ITEM 40411

CONCRETE PAVEMENT RECONSTRUCTION

Typical concrete pavement thickness shall be 10-inches. The Engineer may require high-early strength concrete (minimum 4-hour cure) across the northbound lanes in Whitney Way, and the Whitney Way intersection at Schroeder Road and the West Beltline Highway on/off ramps, upon submittal and review of mix specifications. All other areas shown for concrete reconstruction shall be per Standard Specifications and will not be considered for high-early strength concrete.

City of MadisonMadison, WI 53703

www.cityofmadison.comCity of Madison

Legislation Details (With Text)

File #: Version: 242251 Name: Approving construction work with associated noiseimpacts between the hours of 7:00 PM and 7:00 AMfor the Whitney Way Water Pipeline project

Status:Type: Resolution Passed

File created: In control:3/22/2016 BOARD OF PUBLIC WORKS

On agenda: Final action:5/3/2016 5/3/2016

Enactment date: 5/5/2016 RES-16-00333Enactment #:

Title: SUBSTITUTE Approving construction work with associated noise impacts between the hours of 7:00PM and 7:00 AM for the Whitney Way Water Pipeline project. (10th & 19th AD)

Sponsors: Mark Clear, Maurice S. Cheeks

Indexes:

Code sections:

Attachments: 1. Whitney watermain replacement.pdf

Action ByDate Action ResultVer.

AdoptCOMMON COUNCIL5/3/2016 2 Pass

RECOMMEND TO COUNCIL TO ADOPT- REPORT OF OFFICER

BOARD OF PUBLIC WORKS4/20/2016 1

ReferCOMMON COUNCIL3/29/2016 1 Pass

Referred for IntroductionEngineering Division3/22/2016 1

No funds required.SUBSTITUTE Approving construction work with associated noise impacts between the hours of 7:00 PM and7:00 AM for the Whitney Way Water Pipeline project. (10th & 19th AD)

PREAMBLE

Madison Water Utility will be installing two new parallel water main pipelines as part of an effort to improvewater distribution between two system pressure zone boundaries. These pipelines are generally beinginstalled in southbound traffic lanes of Whitney Way between Odana Road and Schroeder Road. The projectis planned to take place between July and September 2016 April and June 2017.

Madison Water Utility is recommending that most of the construction work for this project take place betweenthe hours of 7:00PM and 7:00AM in order to allow for the least amount of disruption to normal daily traffic, andto increase the likelihood of completing the project within the schedule allowed.

The construction of the new pipelines aims to minimize disturbances to the existing roadway in this area, andwill generally only require that one lane of traffic on Whitney Way be closed when construction activity is notoccurring (the traffic lane where the new pipeline is being laid). During most construction activity however, asecond lane of traffic will need to be closed in order to reasonably install these pipelines and accommodatestandard construction practices.

This portion of Whitney Way sees heavy traffic volume on a daily basis and has on-ramps and off-ramps forthe Beltline Highway. Madison Water Utility has met with Traffic Engineering and agrees that no more thanone lane of traffic on Whitney Way should be closed during peak hours of traffic flow. Allowing the contractorto close two lanes of traffic and work between the hours of 7:00 PM and 7:00 AM will provide the least amount

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File #: 42251, Version: 2

of disruption to traffic flow and also minimize the impact of water service interruptions during off-peak servicetimes. Work in the contract that can be executed with only one lane of traffic closed may still be completedbetween the standard contract hours of 7:00 AM and 7:00 PM.The proposed construction activities beyond the hours of 7:00 AM to 7:00 PM may consist of the following:

1. Sawing of asphalt and concrete pavement2. Concrete and asphalt removal3. Excavation4. Utility pipe installation5. Backfill and soil compaction6. Base course placement7. Paving operations of asphalt and concrete8. General site maintenance, cleanup and restoration

No breaking of concrete pavement shall take place between the hours of 10:00 PM and 7:00 AM.

Madison General Ordinance section 24.08(3) provides the Common Council the ability to allow constructionactivities, with associated noise impacts, outside of the hours of 7:00 AM to 7:00 PM with a public hearingbefore the Board of Public Works and the passage of a resolution.

NOW THEREFORE BE IT RESOLVED, that construction work, with associated noise impacts, between thehours of 7:00 PM and 7:00 AM on South Whitney Way from Odana Road to Schroeder Road are herebyapproved in accordance with section 24.08(3) of the Madison General Ordinances, and

BE IT FURTHER RESOLVED, that the construction activities outside of the hours of 7:00 AM to 7:00 PM arelimited to those activities identified in this resolution and are limited to the hours specified, and

BE IT FURTHER RESOLVED, that the approval of that construction work, as provided in this resolution shallexpire on September 30, 2016 2017.

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SECTION E: BIDDERS ACKNOWLEDGEMENT

WHITNEY WAY WATER PIPELINE CONTRACT NO. 7457

Bidder must state a Unit Price and Total Bid for each item. The Total Bid for each item must be the product of quantity, by Unit Price. The Grand Total must be the sum of the Total Bids for the various items. In case of multiplication errors or addition errors, the Grand Total with corrected multiplication and/or addition shall determine the Grand Total bid for each contract. The Unit Price and Total Bid must be entered numerically in the spaces provided. All words and numbers shall be written in ink. 1. The undersigned having familiarized himself/herself with the Contract documents, including

Advertisement for Bids, Instructions to Bidders, Form of Proposal, City of Madison Standard Specifications for Public Works Construction - 2016 Edition thereto, Form of Agreement, Form of Bond, and Addenda issued and attached to the plans and specifications on file in the office of the City Engineer, hereby proposes to provide and furnish all the labor, materials, tools, and expendable equipment necessary to perform and complete in a workmanlike manner the specified construction on this project for the City of Madison; all in accordance with the plans and specifications as prepared by the City Engineer, including Addenda to the Contract Nos. _______ through _______ issued thereto, at the prices for said work as contained in this proposal. (Electronic bids submittals shall acknowledge addendum under Section E and shall not acknowledge here)

2. If awarded the Contract, we will initiate action within seven (7) days after notification or in accordance with the date specified in the contract to begin work and will proceed with diligence to bring the project to full completion within the number of work days allowed in the Contract or by the calendar date stated in the Contract.

3. The undersigned Bidder or Contractor certifies that he/she is not a party to any contract, combination in form of trust or otherwise, or conspiracy in restraint of trade or commerce or any other violation of the anti-trust laws of the State of Wisconsin or of the United States, with respect to this bid or contract or otherwise.

4. I hereby certify that I have met the Bid Bond Requirements as specified in Section 102.5. (IF BID BOND IS USED, IT SHALL BE SUBMITTED ON THE FORMS PROVIDED BY THE

CITY. FAILURE TO DO SO MAY RESULT IN REJECTION OF THE BID). 5. I hereby certify that all statements herein are made on behalf of

_____________________________ (name of corporation, partnership, or person submitting bid) a corporation organized and existing under the laws of the State of ________________________ a partnership consisting of __________________________________; an individual trading as _______________________________; of the City of _____________________________ State of ____________________________; that I have examined and carefully prepared this Proposal, from the plans and specifications and have checked the same in detail before submitting this Proposal; that I have fully authority to make such statements and submit this Proposal in (its, their) behalf; and that the said statements are true and correct.

SIGNATURE TITLE, IF ANY Sworn and subscribed to before me this day of , 20 .

(Notary Public or other officer authorized to administer oaths) My Commission Expires Bidders shall not add any conditions or qualifying statements to this Proposal.

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SECTION F: BEST VALUE CONTRACTING

WHITNEY WAY WATER PIPELINE CONTRACT NO. 7457

Best Value Contracting

1. The Contractor shall indicate the non-apprenticeable trades used on this contract.

2. Madison General Ordinance (M.G.O.), 33.07(7), does provide for some exemptions from the

active apprentice requirement. Apprenticeable trades are those trades considered apprenticeable by the State of Wisconsin. Please check applicable box if you are seeking an exemption.

Contractor has a total skilled workforce of four or less individuals in all apprenticeable

trades combined.

No available trade training program; The Contractor has been rejected by the only available trade training program, or there is no trade training program within 90 miles.

Contractor is not using an apprentice due to having a journey worker on layoff status, provided the journey worker was employed by the contractor in the past six months.

First-time Contractor on City of Madison Public Works contract requests a onetime

exemption but intends to comply on all future contracts and is taking steps typical of a “good faith” effort.

Contractor has been in business less than one year.

Contractor doesn’t have enough journeyman trade workers to qualify for a trade training

program in that respective trade.

An exemption is granted in accordance with a time period of a “Documented Depression” as defined by the State of Wisconsin.

3. The Contractor shall indicate on the following section which apprenticeable trades are to be used

on this contract. Compliance with active apprenticeship, to the extent required by M.G.O. 33.07(7), shall be satisfied by documentation from an applicable trade training body; an apprenticeship contract with the Wisconsin Department of Workforce Development or a similar agency in another state; or the U.S Department of Labor. This documentation is required prior to the Contractor beginning work on the project site.

The Contractor has reviewed the list and shall not use any apprenticeable trades on this

project.

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LIST APPRENTICABLE TRADES (check all that apply to your work to be performed on this contract)

BRICKLAYER CARPENTER CEMENT MASON / CONCRETE FINISHER CEMENT MASON (HEAVY HIGHWAY) CONSTRUCTION CRAFT LABORER DATA COMMUNICATION INSTALLER ELECTRICIAN ENVIRONMENTAL SYSTEMS TECHNICIAN / HVAC SERVICE TECH/HVAC INSTALL / SERVICE GLAZIER HEAVY EQUIPMENT OPERATOR / OPERATING ENGINEER INSULATION WORKER (HEAT & FROST) IRON WORKER IRON WORKER (ASSEMBLER, METAL BLDGS) PAINTER & DECORATOR PLASTERER PLUMBER RESIDENTIAL ELECTRICIAN ROOFER & WATER PROOFER SHEET METAL WORKER SPRINKLER FITTER STEAMFITTER STEAMFITTER (REFRIGERATION) STEAMFITTER (SERVICE) TAPER & FINISHER TELECOMMUNICATIONS (VOICE, DATA & VIDEO) INSTALLER-TECHNICIAN TILE SETTER

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SECTION G: BID BOND KNOW ALL MEN BY THESE PRESENT, THAT Principal and Surety, as identified below, are held and firmly bound unto the City of Madison, (hereinafter referred to as the “Obligee”), in the sum of five per cent (5%) of the amount of the total bid or bids of the Principal herein accepted by the Obligee, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of this obligation are such that, whereas the Principal has submitted, to the City of Madison a certain bid, including the related alternate, and substitute bids attached hereto and hereby made a part hereof, to enter into a contract in writing for the construction of:

WHITNEY WAY WATER PIPELINE CONTRACT NO. 7457

1. If said bid is rejected by the Obligee, then this obligation shall be void. 2. If said bid is accepted by the Obligee and the Principal shall execute and deliver a contract in the

form specified by the Obligee (properly completed in accordance with said bid) and shall furnish a bond for his/her faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obligation shall be void.

If said bid is accepted by the Obligee and the Principal shall fail to execute and deliver the

contract and the performance and payment bond noted in 2. above executed by this Surety, or other Surety approved by the City of Madison, all within the time specified or any extension thereof, the Principal and Surety agree jointly and severally to forfeit to the Obligee as liquidated damages the sum mentioned above, it being understood that the liability of the Surety for any and all claims hereunder shall in no event exceed the sum of this obligation as stated, and it is further understood that the Principal and Surety reserve the right to recover from the Obligee that portion of the forfeited sum which exceed the actual liquidated damages incurred by the Obligee.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety

and its bond shall be in no way impaired or affected by an extension of the time within which the Obligee may accept such bid, and said Surety does hereby waive notice of any such extension.

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IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, on the day and year set forth below. Seal PRINCIPAL

Name of Principal

By Date

Name and Title

Seal SURETY

Name of Surety

By Date

Name and Title

This certifies that I have been duly licensed as an agent for the above company in Wisconsin under National Provider No. _____________ for the year ____________, and appointed as attorney in fact with authority to execute this bid bond and the payment and performance bond referred to above, which power of attorney has not been revoked.

Date Agent Signature

Address

City, State and Zip Code

Telephone Number

NOTE TO SURETY & PRINCIPAL The bid submitted which this bond guarantees shall be rejected if the following instrument is not attached to this bond: Power of Attorney showing that the agent of Surety is currently authorized to execute bonds on behalf of the Surety, and in the amounts referenced above.

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Certificate of Biennial Bid Bond TIME PERIOD - VALID (FROM/TO)

NAME OF SURETY

NAME OF CONTRACTOR

CERTIFICATE HOLDER

City of Madison, Wisconsin

This is to certify that a biennial bid bond issued by the above-named Surety is currently on file with the City of Madison. This certificate is issued as a matter of information and conveys no rights upon the certificate holder and does not amend, extend or alter the coverage of the biennial bid bond. Cancellation: Should the above policy be cancelled before the expiration date, the issuing Surety will give thirty (30) days written notice to the certificate holder indicated above.

Signature of Authorized Contractor Representative

Date

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SECTION H: AGREEMENT THIS AGREEMENT made this ______ day of ________________ in the year Two Thousand and Seventeen between ___________________________ hereinafter called the Contractor, and the City of Madison, Wisconsin, hereinafter called the City. WHEREAS, the Common Council of the said City of Madison under the provisions of a resolution adopted _____________________, and by virtue of authority vested in the said Council, has awarded to the Contractor the work of performing certain construction. NOW, THEREFORE, the Contractor and the City, for the consideration hereinafter named, agree as follows: 1. Scope of Work. The Contractor shall, perform the construction, execution and completion of the

following listed complete work or improvement in full compliance with the Plans, Specifications, Standard Specifications, Supplemental Specifications, Special Provisions and contract; perform all items of work covered or stipulated in the proposal; perform all altered or extra work; and shall furnish, unless otherwise provided in the contract, all materials, implements, machinery, equipment, tools, supplies, transportation, and labor necessary to the prosecution and completion of the work or improvements:

WHITNEY WAY WATER PIPELINE

CONTRACT NO. 7457

2. Completion Date/Contract Time. Construction work must begin within seven (7) calendar days after the date appearing on mailed written notice to do so shall have been sent to the Contractor and shall be carried on at a rate so as to secure full completion SEE SPECIAL PROVISIONS

, the rate of progress and the time of completion being essential conditions of this Agreement.

3. Contract Price. The City shall pay to the Contractor at the times, in the manner and on the conditions set forth in said specifications, the sum of __________________($_____________) Dollars being the amount bid by such Contractor and which was awarded to him/her as provided by law.

4. Affirmative Action. In the performance of the services under this Agreement the Contractor

agrees not to discriminate against any employee or applicant because of race, religion, marital status, age, color, sex, disability, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity, political beliefs, or student status. The Contractor further agrees not to discriminate against any subcontractor or person who offers to subcontract on this contract because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national origin.

The Contractor agrees that within thirty (30) days after the effective date of this agreement, the Contractor will provide to the City Affirmative Action Division certain workforce utilization statistics, using a form to be furnished by the City.

If the contract is still in effect, or if the City enters into a new agreement with the Contractor, within one year after the date on which the form was required to be provided, the Contractor will provide updated workforce information using a second form, also to be furnished by the City. The second form will be submitted to the City Affirmative Action Division no later than one year after the date on which the first form was required to be provided.

The Contractor further agrees that, for at least twelve (12) months after the effective date of this contract, it will notify the City Affirmative Action Division of each of its job openings at facilities in Dane County for which applicants not already employees of the Contractor are to be considered. The notice will include a job description, classification, qualifications and application procedures

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and deadlines. The Contractor agrees to interview and consider candidates referred by the Affirmative Action Division if the candidate meets the minimum qualification standards established by the Contractor, and if the referral is timely. A referral is timely if it is received by the Contractor on or before the date started in the notice.

Articles of Agreement

Article I

The Contractor shall take affirmative action in accordance with the provisions of this contract to insure that applicants are employed, and that employees are treated during employment without regard to race, religion, color, age, marital status, disability, sex, sexual orientation, gender identity or national original and that the employer shall provide harassment free work environment for the realization of the potential of each employee. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship insofar as it is within the control of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants notices to be provided by the City setting out the provisions of the nondiscrimination clauses in this contract.

Article II

The Contractor shall in all solicitations or advertisements for employees placed by or on behalf of the Contractors state that all qualified or qualifiable applicants will be employed without regard to race, religion, color, age, marital status, disability, sex, sexual orientation, gender identity or national origin.

Article III

The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided by the City advising the labor union or worker’s representative of the Contractor’s equal employment opportunity and affirmative action commitments. Such notices shall be posted in conspicuous places available to employees and applicants for employment.

Article V

The Contractor agrees that it will comply with all provisions of the Affirmative Action Ordinance of the City of Madison, including the contract compliance requirements. The Contractor agrees to submit the model affirmative action plan for public works contractors in a form approved by the Affirmative Action Division Manager.

Article VI

The Contractor will maintain records as required by Section 39.02(9)(f) of the Madison General Ordinances and will provide the City Affirmative Action Division with access to such records and to persons who have relevant and necessary information, as provided in Section 39.02(9)(f). The City agrees to keep all such records confidential, except to the extent that public inspection is required by law.

Article VII

In the event of the Contractor’s or subcontractor’s failure to comply with the Equal Employment Opportunity and Affirmative Action Provisions of this contract or Section 39.03 and 39.02 of the Madison General Ordinances, it is agreed that the City at its option may do any or all of the following:

1. Cancel, terminate or suspend this Contract in whole or in part.

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2. Declare the Contractor ineligible for further City contracts until the Affirmative Action

requirements are met.

3. Recover on behalf of the City from the prime Contractor 0.5 percent of the contract award price for each week that such party fails or refuses to comply, in the nature of liquidated damages, but not to exceed a total of five percent (5%) of the contract price, or five thousand dollars ($5,000), whichever is less. Under public works contracts, if a subcontractor is in noncompliance, the City may recover liquidated damages from the prime Contractor in the manner described above. The preceding sentence shall not be construed to prohibit a prime Contractor from recovering the amount of such damage from the non-complying subcontractor.

Article VIII

The Contractor shall include the above provisions of this contract in every subcontract so that such provisions will be binding upon each subcontractor. The Contractor shall take such action with respect to any subcontractor as necessary to enforce such provisions, including sanctions provided for noncompliance.

Article IX

The Contractor shall allow the maximum feasible opportunity to small business enterprises to compete for any subcontracts entered into pursuant to this contract. (In federally funded contracts the terms “DBE, MBE and WBE” shall be substituted for the term “small business” in this Article.)

5. Substance Abuse Prevention Program Required. Prior to commencing work on the Contract, the

Contractor, and any Subcontractor, shall have in place a written program for the prevention of substance abuse among its employees as required under Wis. Stat. Sec. 103.503.

6. Contractor Hiring Practices.

Ban the Box - Arrest and Criminal Background Checks. (Sec. 39.08, MGO)

This provision applies to all prime contractors on contracts entered into on or after January 1, 2016, and all subcontractors who are required to meet prequalification requirements under MGO 33.07(7)(I), MGO as of the first time they seek or renew pre-qualification status on or after January 1, 2016. The City will monitor compliance of subcontractors through the pre-qualification process.

a. Definitions. For purposes of this section, “Arrest and Conviction Record” includes, but is

not limited to, information indicating that a person has been questioned, apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted or tried for any felony, misdemeanor or other offense pursuant to any law enforcement or military authority.

“Conviction record” includes, but is not limited to, information indicating that a person has been convicted of a felony, misdemeanor or other offense, placed on probation, fined, imprisoned or paroled pursuant to any law enforcement or military authority.

“Background Check” means the process of checking an applicant’s arrest and conviction record, through any means.

b. Requirements. For the duration of this Contract, the Contractor shall:

1. Remove from all job application forms any questions, check boxes, or other

inquiries regarding an applicant’s arrest and conviction record, as defined herein.

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2. Refrain from asking an applicant in any manner about their arrest or conviction

record until after conditional offer of employment is made to the applicant in question.

3. Refrain from conducting a formal or informal background check or making any

other inquiry using any privately or publicly available means of obtaining the arrest or conviction record of an applicant until after a conditional offer of employment is made to the applicant in question.

4. Make information about this ordinance available to applicants and existing

employees, and post notices in prominent locations at the workplace with information about the ordinance and complaint procedure using language provided by the City.

5. Comply with all other provisions of Sec. 39.08, MGO.

c. Exemptions: This section shall not apply when:

1. Hiring for a position where certain convictions or violations are a bar to

employment in that position under applicable law, or 2. Hiring a position for which information about criminal or arrest record, or a

background check is required by law to be performed at a time or in a manner that would otherwise be prohibited by this ordinance, including a licensed trade or profession where the licensing authority explicitly authorizes or requires the inquiry in question.

To be exempt, Contractor has the burden of demonstrating that there is an applicable law or regulation that requires the hiring practice in question, if so, the contractor is exempt from all of the requirements of this ordinance for the position(s) in question.

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WHITNEY WAY WATER PIPELINE CONTRACT NO. 7457

IN WITNESS WHEREOF, the Contractor has hereunto set his/her hand and seal and the City has caused these presents to be sealed with its corporate seal and to be subscribed by its Mayor and City Clerk the day and year first above written. Countersigned: Company Name Witness Date President Date Witness Date Secretary Date CITY OF MADISON, WISCONSIN Provisions have been made to pay the liability that will accrue under this contract.

Approved as to form:

Finance Director City Attorney Signed this day of , 20 Witness Mayor Date Witness City Clerk Date

Rev. 12/22/2016-53W1910_Specs.doc I-1

SECTION I: PAYMENT AND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we _________________________________________ as principal, and _______________________________________________________________________ Company of ______________________________as surety, are held and firmly bound unto the City of Madison, Wisconsin, in the sum of _________________($__________) Dollars, lawful money of the United States, for the payment of which sum to the City of Madison, we hereby bind ourselves and our respective executors and administrators firmly by these presents. The condition of this Bond is such that if the above bounden shall on his/her part fully and faithfully perform all of the terms of the Contract entered into between him/herself and the City of Madison for the construction of:

WHITNEY WAY WATER PIPELINE CONTRACT NO. 7457

in Madison, Wisconsin, and shall pay all claims for labor performed and material furnished in the prosecution of said work, and save the City harmless from all claims for damages because of negligence in the prosecution of said work, and shall save harmless the said City from all claims for compensation (under Chapter 102, Wisconsin Statutes) of employees and employees of subcontractor, then this Bond is to be void, otherwise of full force, virtue and effect. Signed and sealed this day of Countersigned: Company Name (Principal) Witness President Seal Secretary Approved as to form: Surety Seal Salary Employee Commission By City Attorney Attorney-in-Fact This certifies that I have been duly licensed as an agent for the above company in Wisconsin under National Producer Number _________________ for the year _______, and appointed as attorney-in-fact with authority to execute this payment and performance bond which power of attorney has not been revoked. Date Agent Signature